Bill Text: NY A10496 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the maintenenance, improvement and repair of town roads.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-29 - referred to transportation [A10496 Detail]
Download: New_York-2011-A10496-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10496
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. TENNEY -- read once and referred to the Committee
on Transportation
AN ACT to amend the highway law and the vehicle and traffic law, in
relation to the maintenance, improvement and repair of particular town
roads
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative purpose. The legislature hereby finds, deter-
2 mines and declares it necessary to assist local governments, particular-
3 ly town governments, having collective jurisdiction over eighty-five
4 percent of approximately one hundred thirteen thousand miles of roads in
5 this state and half of such towns expending at least fifty-seven percent
6 of their fiscal budget on maintaining such roads, by establishing a new
7 special standard of road maintenance for particular town roads desig-
8 nated as "low-volume roads" which have not been previously abandoned.
9 This new standard shall, in turn, conserve the fiscal budget of such
10 local governments and shall preserve and promote the safety of motorists
11 and the traditional character of the small rural towns of this state.
12 S 2. The highway law is amended by adding a new article 8-B to read as
13 follows:
14 ARTICLE VIII-B
15 TOWN LOW-VOLUME ROADS
16 SECTION 229-L. DEFINITIONS.
17 229-M. LOCAL CLASSIFICATION.
18 229-N. LOCAL DESIGNATION OF MINIMUM MAINTENANCE ROADS; PUBLIC
19 HEARINGS.
20 229-O. FINDINGS AND REVIEW.
21 229-P. EFFECT OF MINIMUM MAINTENANCE CLASSIFICATION.
22 229-Q. DISCONTINUANCE OF MINIMUM MAINTENANCE DESIGNATION.
23 229-R. FINANCING IMPROVEMENTS.
24 S 229-L. DEFINITIONS. WHEN USED IN THIS ARTICLE THE FOLLOWING TERMS
25 SHALL HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE EXPRESSLY STATED, OR
26 UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE REQUIRES:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13625-01-1
A. 10496 2
1 1. "LOW-VOLUME ROAD" SHALL MEAN A TOWN ROAD OR PORTION THEREOF LOCATED
2 IN A TOWN WHICH HAS AN AVERAGE DAILY TRAFFIC COUNT OF LESS THAN FOUR
3 HUNDRED MOTOR VEHICLES PER DAY. SUCH TERM SHALL NOT APPLY TO ANY HIGHWAY
4 OR ROAD OR PORTION THEREOF WHICH HAS PREVIOUSLY BEEN ABANDONED PURSUANT
5 TO SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS CHAPTER BECAUSE
6 IT SHALL NOT HAVE BEEN USED OR TRAVELED AS A HIGHWAY FOR SIX YEARS.
7 2. "LOW-VOLUME COLLECTOR ROAD" SHALL MEAN A ROAD CLASSIFICATION THAT
8 COLLECTS TRAFFIC FROM ANY OTHER CLASSIFICATION AND CHANNELS IT TO A
9 HIGHER LEVEL ROAD, SUCH AS A STATE HIGHWAY, ARTERIAL OR INTERSTATE HIGH-
10 WAY.
11 3. "RESIDENTIAL ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION THAT
12 PROVIDES ACCESS TO RESIDENCES. THE TRAFFIC GENERATED DEPENDS ON THE
13 NUMBER OF RESIDENCES. ALL YEAR ACCESS FOR EMERGENCY VEHICLES AND SCHOOL
14 BUSES MUST BE PROVIDED.
15 4. "FARM ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION THAT PROVIDES
16 ACCESS TO A FARM'S CENTER OF OPERATIONS INCLUDING RESIDENCES. TRAFFIC
17 VOLUME IS GENERALLY LOW, BUT MAY INCLUDE OCCASIONAL HEAVY VEHICLES AND
18 FARM EQUIPMENT.
19 5. "RESOURCE/INDUSTRIAL ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION
20 THAT PROVIDES ACCESS TO FORESTS OR INDUSTRIAL OR MINING OPERATIONS.
21 TRAFFIC VOLUME CAN VARY AND INCLUDE HEAVY TRUCKS, EXTRACTIVE MACHINERY
22 AND SIGNIFICANT NUMBERS OF EMPLOYEES' CARS.
23 6. "AGRICULTURAL LAND ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION
24 THAT PROVIDES ACCESS TO FARMLAND. TRAFFIC VOLUMES ARE LOW AND VARY
25 SEASONALLY. THESE ROADS SHOULD ACCOMMODATE FARM EQUIPMENT.
26 7. "RECREATION LAND ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION THAT
27 PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
28 AND RECREATIONAL LANDS. VOLUMES CAN VARY WITH THE TYPE OF RECREATION
29 FACILITY, ACTIVITY AND SEASON OF THE YEAR.
30 8. "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME ROAD OR PORTION
31 THEREOF IN A TOWN HAVING AN AVERAGE DAILY TRAFFIC VOLUME OF ZERO TO
32 FIFTY VEHICLES PER DAY WHICH PRINCIPALLY OR EXCLUSIVELY PROVIDES AGRI-
33 CULTURAL OR RECREATIONAL LAND ACCESS. IN NO WAY SHALL THE TERM "MINIMUM
34 MAINTENANCE" BE CONSTRUED TO MEAN "NO MAINTENANCE" OR "ABANDONMENT".
35 FURTHER, SUCH TERM SHALL NOT APPLY TO THOSE ROADS, OR PORTIONS THEREOF
36 WHICH PROVIDE FARM ACCESS AS DEFINED IN THIS SECTION OR ACCESS TO INDI-
37 VIDUAL YEAR-ROUND RESIDENCES.
38 9. "MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE AS DEFINED BY SECTION
39 ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
40 S 229-M. LOCAL CLASSIFICATION. 1. THE TOWN BOARD OF ANY TOWN MAY, BY
41 RESOLUTION, DESIGNATE CERTAIN TOWN ROADS, OR PORTIONS THEREOF, AS
42 LOW-VOLUME ROADS PURSUANT TO THE CLASSIFICATION AS DEFINED IN SECTION
43 TWO HUNDRED TWENTY-NINE-1 OF THIS ARTICLE. IN CLASSIFYING SUCH ROADS,
44 THE TOWN BOARD SHALL BASE THE CLASSIFICATION ON TRAFFIC VOLUMES, TYPES
45 OF VEHICLES USING THE ROAD OR PORTION THEREOF, AND THE CURRENT ADJACENT
46 LAND USES. AT LEAST FORTY-FIVE DAYS PRIOR TO THE ADOPTION OF SUCH RESOL-
47 UTION CLASSIFYING LOW-VOLUME ROADS THE TOWN BOARD SHALL REFER PROPOSED
48 CLASSIFICATIONS TO THE TOWN HIGHWAY SUPERINTENDENT AND THE TOWN PLANNING
49 BOARD, IF PRESENT IN SUCH TOWN.
50 2. UPON RECEIPT OF THE PROPOSED RESOLUTION, THE TOWN HIGHWAY SUPER-
51 INTENDENT AND, WHERE APPLICABLE, TOWN PLANNING BOARD, SHALL REPORT THEIR
52 RECOMMENDATIONS TO THE TOWN BOARD, ACCOMPANIED BY A STATEMENT OF THE
53 REASONS FOR SUCH RECOMMENDATIONS. UPON RECEIPT OF THE RECOMMENDATIONS
54 FROM THE TOWN HIGHWAY SUPERINTENDENT AND TOWN PLANNING BOARD, OR UPON
55 THE EXPIRATION OF FORTY-FIVE DAYS FROM THE DATE THE PROPOSED RESOLUTION
A. 10496 3
1 WAS REFERRED, THE TOWN BOARD MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLAS-
2 SIFICATION RESOLUTION.
3 S 229-N. LOCAL DESIGNATION OF MINIMUM MAINTENANCE ROADS; PUBLIC HEAR-
4 INGS. 1. THE TOWN BOARD OF ANY TOWN MAY, BY LOCAL LAW, DESIGNATE ANY
5 LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING AGRICULTURAL OR RECREATION-
6 AL LAND ACCESS AT THE TIME OF DESIGNATION AS MINIMUM MAINTENANCE ROADS.
7 2. AGRICULTURAL AND RECREATIONAL LAND ACCESS ROADS SO DESIGNATED SHALL
8 NOT INCLUDE ROADS OR PORTIONS THEREOF, WHICH PROVIDE FARM CENTERS OF
9 OPERATION, INCLUDING THE RESIDENCE, WITH PRINCIPAL MOTOR VEHICLE ACCESS
10 TO GOODS AND SERVICES NECESSARY FOR EFFECTIVE SUPPORT OF SUCH FARM. THE
11 DESIGNATION OF AGRICULTURAL ACCESS ROADS SHALL NOT UNREASONABLY RESTRICT
12 FARM OPERATIONS IN AGRICULTURAL DISTRICTS.
13 3. AT LEAST THIRTY DAYS BEFORE THE PUBLIC HEARING ON SUCH LOCAL LAW,
14 WRITTEN NOTICE OF SUCH HEARING SHALL BE SERVED BY CERTIFIED MAIL UPON
15 EVERY OWNER OF REAL PROPERTY, AS DETERMINED BY THE LATEST COMPLETED
16 ASSESSMENT ROLL, ABUTTING SUCH ROAD OR PORTION THEREOF. NO LOCAL LAW
17 DESIGNATING A MINIMUM MAINTENANCE ROAD, SHALL BE EFFECTIVE UNTIL MINIMUM
18 MAINTENANCE STANDARDS ARE ADOPTED AND SIGNS FIRST ARE POSTED ADVISING
19 THE PUBLIC THAT SUCH ROAD IS A MINIMUM MAINTENANCE ROAD. NO ROAD, ONCE
20 DESIGNATED A MINIMUM MAINTENANCE ROAD, SHALL BE DETERMINED TO HAVE BEEN
21 ABANDONED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWO
22 HUNDRED FIVE OF THIS CHAPTER SOLELY BECAUSE IT HAS BEEN DESIGNATED A
23 MINIMUM MAINTENANCE ROAD.
24 S 229-O. FINDINGS AND REVIEW. 1. PRIOR TO ANY PUBLIC HEARING RELATING
25 TO THE ADOPTION OF A LOCAL LAW DESIGNATING A LOW-VOLUME ROAD OR PORTION
26 THEREOF AS A MINIMUM MAINTENANCE ROAD, THE TOWN BOARD HAVING JURISDIC-
27 TION OVER SUCH ROAD SHALL ISSUE FINDINGS THAT SUCH ROAD OR PORTION THER-
28 EOF SHOULD BE DESIGNATED A MINIMUM MAINTENANCE ROAD. SUCH FINDINGS SHALL
29 INCLUDE, BUT NOT BE LIMITED TO:
30 (A) THE VOLUME AND TYPE OF MOTOR VEHICLE TRAFFIC ON SUCH ROAD;
31 (B) A DETERMINATION THAT THE PROPERTY OWNERS OF LAND ABUTTING THE ROAD
32 SHALL CONTINUE TO HAVE REASONABLE ACCESS TO THEIR PROPERTY;
33 (C) A DETERMINATION THAT THE USERS OF THE ROAD TRAVELING AT A REASON-
34 ABLE AND PRUDENT SPEED, UNDER THE CIRCUMSTANCES, SHALL NOT BE PLACED IN
35 A HAZARDOUS SITUATION; AND
36 (D) A DETERMINATION THAT SUCH ROAD, OR PORTION THEREOF, DOES NOT
37 CONSTITUTE A FARM ACCESS ROAD AS DEFINED PURSUANT TO SECTION TWO HUNDRED
38 TWENTY-NINE-L OF THIS ARTICLE, GIVES DUE CONSIDERATION TO THE EFFECT OF
39 SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT UPON THE ROAD, AND
40 DOES NOT UNREASONABLY RESTRICT FARM OPERATIONS IN AGRICULTURAL
41 DISTRICTS.
42 2. (A) AT LEAST FORTY-FIVE DAYS PRIOR TO THE HEARING ON THE PROPOSED
43 LOCAL LAW DESIGNATING A ROAD, OR PORTION THEREOF, AS A MINIMUM MAINTE-
44 NANCE ROAD, A COPY OF THE TOWN BOARD'S FINDING SHALL BE MADE AVAILABLE
45 FOR PUBLIC INSPECTION IN THE TOWN CLERK'S OFFICE. (B) A COPY OF THE
46 FINDINGS SHALL ALSO BE SENT TO THE SCHOOL BOARD OF THE SCHOOL DISTRICT
47 IN WHICH EACH ROAD IS LOCATED AND TO THE TOWN PLANNING BOARD. SUCH
48 SCHOOL BOARD AND PLANNING BOARD SHALL REVIEW THE FINDINGS OF THE TOWN
49 BOARD AND WITHIN FORTY-FIVE DAYS FILE WITH THE TOWN CLERK THEIR RECOM-
50 MENDATION AND FINDINGS. IN THE EVENT THE SCHOOL OR PLANNING BOARD TAKES
51 NO ACTION WITHIN THE FORTY-FIVE DAY REVIEW PERIOD THE TOWN BOARD MAY
52 PROCEED WITHOUT SAID BOARD'S RECOMMENDATION AND FINDINGS. SCHOOL OR
53 PLANNING BOARD REVIEW MAY BE WAIVED, SHORTENED OR EXTENDED UPON MUTUAL
54 CONSENT OF SAID BOARD AND THE TOWN BOARD. (C) THE TOWN BOARD OF THE
55 TOWN MAY, BY RESOLUTION, ACCEPT, ACCEPT IN PART, OR REJECT THE RECOMMEN-
56 DATIONS OF EITHER THE SCHOOL OR PLANNING BOARD PRIOR TO ANY VOTE UPON
A. 10496 4
1 THE PROPOSED LOCAL LAW. (D) A COPY OF THE FINDINGS SHALL ALSO BE SENT
2 TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IF THE HIGHWAY OR ROAD
3 PASSES OVER, OR PROVIDES ACCESS TO, STATE LAND UNDER THE JURISDICTION OF
4 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE DEPARTMENT OF ENVIRON-
5 MENTAL CONSERVATION SHALL HAVE THE RIGHT TO MAINTAIN SUCH ROAD IF IT SO
6 DESIRES.
7 S 229-P. EFFECT OF MINIMUM MAINTENANCE CLASSIFICATION. A ROAD OR ROAD
8 SEGMENT, WHICH HAS BEEN DESIGNATED MINIMUM MAINTENANCE SHALL BE MAIN-
9 TAINED AT A LEVEL WHICH ALLOWS THE ROAD TO BE MADE PASSABLE AND FUNC-
10 TIONAL IN A MANNER DETERMINED BY THE TOWN HIGHWAY SUPERINTENDENT TO BE
11 CONSISTENT WITH THE VOLUME AND TYPE OF TRAFFIC TRAVELING ON SUCH ROAD.
12 NORMAL ROAD MAINTENANCE PRACTICES INCLUDING, BUT NOT LIMITED TO, SNOW
13 AND ICE REMOVAL AND PAVING, PATCHING, BLADING, DRAGGING OR MOWING MAY BE
14 DONE LESS FREQUENTLY DEPENDING UPON THE EXISTING CONDITIONS AND USE OF
15 THE ROAD BUT SHALL, AT A MINIMUM, BE CONSISTENT WITH THE STANDARDS AND
16 GUIDELINES DEVELOPED BY THE LOCAL ROADS RESEARCH AND COORDINATION COUN-
17 CIL PURSUANT TO CHAPTERS FIVE HUNDRED SIXTY-FIVE AND SIX HUNDRED FIFTY-
18 TWO OF THE LAWS OF NINETEEN HUNDRED NINETY. IF THE ROAD PASSES OVER, OR
19 PROVIDES ACCESS TO, STATE LAND, THE DEPARTMENT OF ENVIRONMENTAL CONSER-
20 VATION SHALL HAVE THE RIGHT TO MAINTAIN SUCH ROAD IF IT SO DESIRES. SUCH
21 ROADS MAY BE CLOSED DURING CERTAIN TIMES OF THE YEAR BY THE TOWN BOARD
22 IN WHICH CASE NO SNOW OR ICE REMOVAL SHALL BE REQUIRED. MINIMUM MAINTE-
23 NANCE ROADS SHALL CONTINUE TO BE CONSIDERED PART OF THE TOWN HIGHWAY
24 SYSTEM AND SUCH DESIGNATION SHALL NOT AFFECT FEDERAL OR STATE AID FORMU-
25 LA CALCULATIONS OF PARTICIPATING MUNICIPALITIES.
26 S 229-Q. DISCONTINUANCE OF MINIMUM MAINTENANCE DESIGNATION. 1. ANY
27 PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING A ROAD OR
28 PORTION THEREOF WHICH HAS BEEN DESIGNATED A MINIMUM MAINTENANCE ROAD MAY
29 PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR PORTION THEREOF
30 TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM MAINTENANCE
31 ROAD. SUCH PETITION SHALL BE FILED WITH THE CLERK OF THE TOWN HAVING
32 JURISDICTION OVER SUCH ROAD. SUCH PETITION SHALL IDENTIFY THE ROAD OR
33 PORTION THEREOF TO BE DISCONTINUED AS A MINIMUM MAINTENANCE ROAD AND SET
34 FORTH THE REASONS FOR SUCH DISCONTINUANCE. THE TOWN BOARD HAVING JURIS-
35 DICTION OVER SUCH ROAD SHALL HOLD A PUBLIC HEARING UPON SUCH PETITION
36 WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE TOWN CLERK SHALL GIVE NOTICE
37 OF SUCH HEARING BY THE PUBLICATION OF A NOTICE IN AT LEAST ONE NEWSPAPER
38 CIRCULATING IN THE TOWN, SPECIFYING THE TIME WHEN AND THE PLACE WHERE
39 SUCH HEARING WILL BE HELD, AND IN GENERAL TERMS DESCRIBING THE PROPOSED
40 RESOLUTION. SUCH NOTICE SHALL BE PUBLISHED ONCE AT LEAST TEN DAYS PRIOR
41 TO THE DAY SPECIFIED FOR SUCH HEARING.
42 2. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING, DETERMINES
43 THAT SUCH ROAD SHALL CONTINUE AS A MINIMUM MAINTENANCE ROAD, NO NEW
44 PETITION TO DISCONTINUE THE DESIGNATION OF SUCH ROAD SHALL BE REVIEWED
45 BY THE TOWN BOARD UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM
46 THE DATE OF THE FILING OF THE PREVIOUS PETITION.
47 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
48 THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE ROAD MAY
49 ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
50 NATION IN THE EVENT IT DETERMINES SUCH DISCONTINUANCE TO BE IN THE
51 PUBLIC INTEREST.
52 4. IN THE EVENT IT IS DETERMINED THAT SUCH ROAD SHALL BE DISCONTINUED
53 AS A MINIMUM MAINTENANCE ROAD, SUCH DISCONTINUANCE SHALL TAKE EFFECT SIX
54 MONTHS AFTER THE COMMENCEMENT OF THE NEXT FISCAL YEAR OR WHENEVER THE
55 ROAD HAS BEEN SUFFICIENTLY IMPROVED TO MEET TOWN STANDARDS, BUT IN NO
56 EVENT LATER THAN THIRTY-SIX MONTHS.
A. 10496 5
1 S 229-R. FINANCING IMPROVEMENTS. WHERE THE MINIMUM MAINTENANCE ROAD
2 STANDARD IS DISCONTINUED, OR A LOW-VOLUME ROAD CLASSIFICATION IS
3 CHANGED, ROAD IMPROVEMENTS MAY, IN ADDITION TO OTHER FINANCING MECH-
4 ANISMS AVAILABLE FOR ROAD CONSTRUCTION PROJECTS, BE UNDERTAKEN IN
5 ACCORDANCE WITH SECTION TWO HUNDRED OF THE TOWN LAW.
6 S 3. The vehicle and traffic law is amended by adding a new section
7 124 to read as follows:
8 S 124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION THEREOF
9 WHICH IS DESIGNATED BY THE TOWN HAVING JURISDICTION OVER SUCH ROAD
10 PURSUANT TO ARTICLE EIGHT-B OF THE HIGHWAY LAW.
11 S 4. Subdivision (a) of section 1683 of the vehicle and traffic law is
12 amended by adding a new paragraph 18 to read as follows:
13 18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
14 S 5. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law, provided, however, that any rules or regu-
16 lations necessary for the implementation of this act including the
17 guidelines developed by the local roads research and coordination coun-
18 cil may be made on or before such date.
